中介

1月23日的会议上, 2020, the Supreme Court of North Carolina adopted orders amending seven rule sets that affect mediation in North Carolina. 这些规则/标准将成为 自2020年3月1日起生效.

如欲查阅新通过的规则/标准，请浏览 最高法院的 网页.

以下是对这些变化的简要解释.

 MSC规则:

规则2(d)(原规则2.E.) clarifies that a mediator has the ability to file a Notice to Withdraw from a mediation, 并被取消调解资格. 规则4(a)(1)3(原规则4.A(1)(a)(iii) allows for certain parties to represent a governmental entity at the mediation settlement conference so long as the party has a certain authority to act on behalf of the governmental entity. This Rule also includes a reference to NCGS 159-28(a) notifying the mediator that any agreement reached with a governmental agency may be subject to this statute. 规则4和规则6下的评论部分, expends on this concept by providing additional language on the statute.

规则8(a)(2)a2(原规则8.B(1)) has been modified to use the NC State Bar threshold requirements to determine if an out-of-state attorney applicant qualifies for mediator certification.

规则8(a)(4)(原规则8.E) has been modified to clarify what items are reportable on an Application for Certification; this changes encourages full 和 complete disclosure to staff 和 the Commission.

 规则15(a)(原规则15.A) has been modified to exp和 the definition of a senior resident superior court judge to include a special superior court judge, (business court judges) 和 to any judge who is assigned to a case under Rule 2.1 of the General Rules of Practice for the Superior 和 District Courts.

FFS规则:

规则2(d)(原规则2.D) clarifies that a mediator has the ability to file a Notice to Withdraw from a mediation, 并被取消调解资格.

规则8(2)b1(原规则8.A(2)) has been modified to use the NC State Bar threshold requirements to determine if an out-of-state attorney applicant qualifies for mediator certification.

规则8(a)(7)(原规则8.F) has been modified to clarify what items are reportable on an Application for Certification; this changes encourages full 和 complete disclosure to staff 和 the Commission.

行为准则:

标准3(原III)保密性. The changes to the St和ards exp和 on the ability of the mediator to reveal otherwise confidential information in specific situations;

 •在有关调解费的民事诉讼中作证;

•在刑事诉讼中被传唤作证;

• Defending him/herself against a complaint with the DRC or the NC State Bar;

• Defending him/herself in a civil action regarding the mediator’s professional conduct

•能够与正在处理案件的律师交谈, post-mediation, 调解未能解决的地方, 且各方同意沟通;

• Seeking scheduling assistance from court officials or staff; 和

• If the mediator witnesses concerning behavior of an attorney during mediation.

•如果调解员认为, 为了安全起见, that the mediated settlement conference needs to be held in a secure location, the mediator may seek out a location to hold the mediation such as a courthouse. The mediator may seek out the assistance of court officials or staff to help secure meeting space. 调解员不得透露当事人的具体争议.

 在作出标准3所允许的披露时, the mediator should make every effort to protect the confidentiality of non-complaining parties to or participants in the mediation, 不要对参与者发表个人意见, 和 avoid disclosing the participants or the specific circumstances of the parties’ controversy.